Ombudsman fails to pin Napoles for plunder
The Sandiganbayan yesterday convicted Janet Lim Napoles of nine counts of corruption of a public official, but acquitted her of plunder over the so-called “pork barrel fund scandal.” Likewise found guilty of nine counts of direct bribery by the Sandiganbayan’s Fifth Division was former Association of Philippine Electric Cooperatives Partylist Rep. Edgar Valdez. The convictions were in relation to the misuse of lawmakers’ Priority Development Assistance Fund or PDAF. Napoles and Valdez were each sentenced to imprisonment of two years and four months up to six years and one day, and were each meted out a fine of P26,996,700. The cases stemmed from the charges of plunder filed by the National Bureau of Investigation and the Office of the Ombudsman, which alleged that five lawmakers, including Valdez, channeled their PDAFs to Napoles’ fake non-government organizations in exchange for kickbacks. According to the information filed by the Ombudsman, Valdez received P56 million in kickbacks from Napoles. The amount was over the P50-million threshold for the crime of plunder. Lacking evidence Former senators Juan Ponce Enrile, Ramon Revilla Jr. and Jinggoy Estrada, as well as former representative Rizalina Seachon-Lanete, were among the other lawmakers accused of plunder in connection with the pork barrel scam. Revilla was acquitted in 2018 but the cases against the others are still pending before the Sandiganbayan. Enrile, Estrada and Seachon-Lanete were granted bail. The dispositive portion of the Sandiganbayan’s ruling said the evidence to prove plunder against Napoles and Valdez was lacking. “The Court finds accused Edgar de Leon Valdez and Janet Lim Napoles not guilty of plunder due to insufficient evidence proving that they had, through conspiracy, amassed, accumulated, and or acquired at least 50 million pesos of PDAF funds through kickbacks and/or commissions,” the decision read in part. Valdez was allowed to post bail in 2016 after the Fifth Division said the prosecution was only able to prove that Valdez received P2.6 million, and not P56 million, in kickbacks from a foundation belonging to Napoles, who was dubbed the “pork barrel queen.” The division rejected Napoles’ request for the court to accept her belatedly filed memorandum that cited whistleblower Benhur Luy’s testimony in a different graft case, where he allegedly acknowledged that the funds in this case were not from PDAF. The 108-page Sandiganbayan decision was per curiam, meaning, not one justice from the anti-graft court’s Fifth Division penned the ruling. The per curiam decision was signed by Associate Justice and Division Chairperson Rafael Lagos, and Associate Justices Maria Theresa Mendoza-Arcega and Maryann Corpus-Mañalac. Previous acquittals Napoles attended through videoconference, while Valdez was physically present in court on Monday morning. Napoles is currently serving prior convictions. Last May, the Sandiganbayan First Division acquitted Napoles of graft in 16 PDAF cases. Napoles and Revilla were charged with the crimes in 2014. In 2018, the court ruled in favor of Napoles and against Revilla in the plunder case. In 2021, after filing a demurrer to evidence in both graft instances, Revilla was exonerated. The court ruled that the liability of the accused could no longer be determined because they were included in the plunder case for which they were already prosecuted. The charges of plunder against Revilla, his former political officer Atty. Richard Cambe, and Napoles also constituted graft because they were based on “predicate acts,” the court said. The resolution was written by Associate Justice Geraldine Faith Econg and adopted by Division chairperson Efren dela Cruz and Associate Justice Arthur Malabaguio. Same proof “This fact became even more apparent after the presentation of the same testimonial and documentary evidence in both cases,” the resolution read. Those acquitted in that case were Gondelina Amata, Ofelia Ordoez, Sofia Cruz, Evelyn Sucgang, Francisco Figura, Ma. Rosalinda Lacsamana, Marivic Jover, Consuelo Lilian Espiritu, Victor Roman Cacal and Maria Ninez Guanizo. Dennis Cunanan, Gregoria Buenaventura, Rhodora Mendoza, Evelyn de Leon, Laarni Uy and Jocelyn Piorato were found guilty and sentenced to prison terms ranging from 6 to 8 years, and were permanently barred from holding public office. Cambe, Eulogio Rodriguez and Emmanuel Alexis Sevidal had their cases dropped after they passed away. Still another case Napoles was found guilty of two charges of graft and two counts of malversation in another batch of PDAF proceedings involving the late Davao del Sur representative Douglas Cagas. The Sandiganbayan 2nd Division observed in a ruling released on 19 May 2023, that the Anti-Money Laundering Council report corroborated the evidence of whistleblower Luy, who claimed that Napoles owned and controlled the NGOs implicated in the PDAF scam. The post Ombudsman fails to pin Napoles for plunder appeared first on Daily Tribune......»»
JUST IN: Napoles acquitted by Sandiganbayan
Janet Lim Napoles and former lawmaker Edgar Valdez have been acquitted by the Sandiganbayan of the plunder of pork-barrel funds. The Sandiganbayan 5th Division cited "insufficient evidence" in absolving Napoles and Valdez of the charge that they "amassed, accumulated and or acquired at least 50 million pesos of PDAF funds through kickbacks and or commissions." In May this year, Napoles was also cleared in 16 graft cases related to the multi-billion PDAF (Priority Development Assistance Fund) scam. This is a developing story. The post JUST IN: Napoles acquitted by Sandiganbayan appeared first on Daily Tribune......»»
Bayani Fernando, true public servant (2)
In a country where corruption in the government has become endemic, where many elected and appointed officials use their offices, their power, and their connections to amass wealth illegally, only a rare breed of men and women come out unscathed and untainted with dishonesty and illegal conduct while in office. There is a long list of public officials who have been prosecuted, convicted, and jailed for siphoning government coffers for themselves. Of course, there are those who escape prosecution and others who manage to get acquitted, even if they are guilty as hell. They flaunt their wealth, which was never there before they entered government service. Since government prosecutors could not show the courts the quantum of proof beyond a reasonable doubt required by law, these scoundrels go scot-free. These charlatans become the role models of those who want to follow their route and seek to emulate them by seeking public office, either by election or by appointment. Tragically, for this country, it is corruption that hinders its development and progress. It is the poison that kills the body politic, the disease that is worse than the pandemic, which devours the poor of their health, that destroys the source that will provide them their education as a tool to uplift their lives. It is the scourge that hampers the delivery of basic services. Not all, though, who enter government work are corrupted or influenced by the evil and profitable ways of the corrupt. There are a few who remain insulated from corruption, who are dedicated and fealty to their oath of office, and who serve the public instead of themselves. Bayani Fernando was one of those handful who maintained his honesty during his tenure as Mayor, Congressman, Secretary of Public Works, and Chairman of Metropolitan Manila Development Authority or MMDA. There was one political adversary of Bayani Fernando when he was Marikina Mayor, a former congressman of Marikina, long time deceased, who tried to tarnish his reputation by filing a graft complaint against him before the Office of the Ombudsman. This writer lawyered for him, and the Ombudsman dismissed the case as having no basis in fact and law. As Chairman of MMDA, he was also charged in 2016 with misuse of funds but was also exonerated. Apparently, the charges were politically motivated as he announced then that he was running for President. He eventually ran as Vice-President, but victory eluded him. The initiatives pursued by the late Bayani Fernando as a public servant produced results that benefited the people of Marikina and Metro Manila. His style of governance has been replicated by other mayors and succeeding chairmen of the MMDA. He was a role model in public service. His private life was exemplary, too. The only vice he indulged in, if it can be called one, was to spend his free time with his friends crooning every Tuesday night. He loved singing as his way of distressing himself and having clean fun with them. He and his wife Marides had only one daughter, Tala, who is married to Paul Ang, the son of business hotshot and mogul Ramon Ang of San Miguel Corporation. Bayani Fernando was a doting father to his unica hija Tala, but at the same time, he was a disciplinarian. Like all grandfathers, he was a spoiler. He loved his three grandchildren, all boys. They are his — and his wife Marides’ joy. When queried how Bayani Fernando was a husband, her wife blurted out: “Challenging!” accompanied by heart laughter. Certainly, all spouses who are married to public servants are confronted with the challenge of coping with their partners, seldom staying at home or coming home late. It’s good that former Marikina Mayor Marides Carlos-Fernando succeeded her husband for three terms as chief executive of Marikina, as she would understand the travails that every dedicated public servant goes through. His record as a public official speaks for itself. Bayani Fernando was a true public servant in the truest sense of the word. His legacy of public service lives on despite his departure from the physical plane. The post Bayani Fernando, true public servant (2) appeared first on Daily Tribune......»»
Thai Park Officers Acquitted of Murder of Indigenous Rights Activist
Bangkok - A Thai court Thursday found four national park officers not guilty of abducting and murdering an Indigenous rights activist who disappeared nine years ago while aiding a lawsuit against park officials.Porlajee 'Billy' Rakchongcharoen was detained by then-Kaeng Krachan National Park chief Chaiwat Limlikit-aksorn on April 17, 2014, allegedly for illegally harvesting wild honey. Chaiwat and three subordin.....»»
Former Iloilo solon hurdles graft charges
The Sandiganbayan announced on Friday that it has cleared former Iloilo lawmaker Niel Tupas Jr. of graft and malversation raps over the alleged anomalous utilization of his P4.8-million pork barrel funds to a non-government organization in 2008. In a 99-page ruling dated 13 September but was released only on Friday, the anti-graft court’s Special Fourth Division found Tupas not guilty of breaching Section 3(e) of the Anti-Graft and Corrupt Practices Act (RA 3019) and Malversation through Falsification of Public Documents. His co-accused, Rhodora Mendoza and Romulo Relevo, ex-administrative and finance head, and ex-general services unit head respectively, of the now-defunct National Agri-Business Corporation or NABCOR, were also acquitted of the same charges for failure of the prosecution to prove their guilt beyond a reasonable doubt. Filed by the Ombudsman in 2018, the case stemmed from the supposed misuse of Tupas’ Priority Development Assistance Fund worth P4,850,000 in 2008, supposedly intended to fund agricultural livelihood programs for Iloilo farmers. The funds were supposed to buy hand tractors, water pumps and grafted fruit seedlings, according to the Ombudsman. Tupas was accused of funneling his pork barrel to dubious NGO Kabuhayan at Kalusugan Alay Para sa Masa Foundation Inc. by utilizing the NABCOR as an intermediary. According to the Ombudsman, Tupas “unilaterally chose” and “indorsed” KKAMFI as a project partner to implement his livelihood projects for his district, notwithstanding that the foundation was “unaccredited” and “unqualified” to undertake such. Tupas and his co-respondents were accused of acting with manifest partially and evident bad faith by giving unwarranted benefits and advantages to the KKAMFI. The probe revealed that NABCOR and KKMFI entered into a memorandum of agreement on the purported implementation of Tupas’ PDAF-funded projects. NABCOR’s Mendoza and Relevo facilitated the disbursement of P4,850,000 to the foundation. The post Former Iloilo solon hurdles graft charges appeared first on Daily Tribune......»»
Rappler, Ressa acquitted of 5th tax evasion case
Rappler, Ressa acquitted of 5th tax evasion case.....»»
Sandiganbayan convicts late Teves’ co-accused
The Sandiganbayan convicted three ex-officials of the now defunct Technology and Livelihood Resource Center and two others over P9.6 million worth of ghost projects funneled through the pork barrel of the late Negros Oriental lawmaker Herminio Teves in 2007. The anti-graft court’s Third Division found ex-TLRC deputy director general Dennis Cunanan, ex-chief accountant Marivic Jover, ex-legislative liaison office officer-in-charge Belina Concepcion, Teves’s then chief-of-staff Hiram Pulido and Molugan Foundation Inc. president Samuel Bombeo guilty of one count each of graft and malversation. They were sentenced to up to 28 years in prison and perpetually disqualified from holding public office. They were also ordered to pay back the P9.6 million, with interest of 6 percent per annum. TLRC’s erstwhile department manager, Francisco Figura, meanwhile, was acquitted of the same charges. The Sandigabayan also dismissed the case against the principal accused, Teves, owing to his passing. Filed by the Ombudsman in 2017, the graft and malversation charge arose from the disbursement of Teves’s P9.6-million Priority Development Assistance Fund or PDAF to Molugan Foundation Inc., a non-governmental organization controlled by Bombeo. The Ombudsman said Teves “unilaterally chose” MFI as the implementor of his livelihood program drawn from his P10-million pork barrel that was originally intended for the depressed barangays and constituents in his district. State prosecutors proved that the PDAF was used for ghost or non-existent projects. Of the total, P9.6 million went to MFI, while P400,000 went to TLRC as a service fee. MFI did not have the capacity to implement the project as it was incorporated only in 2007, the year it was tasked to implement the PDAF project, the Ombudsman told the court. The respondents were accused of causing undue injury to the government by giving unwarranted benefits and advantages to MFI. “There is no doubt that the acts of Concepcion, Cunanan, Jover, Pulido and Bombeo caused undue injury to the government in the amount of P9,600,000 which to date remains unaccounted for,” the Sandiganbayan said in its 68-page ruling. The court also ruled that the respondents’ act of extending unwarranted benefits to a private party “without the proper accreditation” and the “lack of legal basis,” considering it was not one of the implementing agencies identified in the 2007 General Appropriations Act, were in violation of CoA Circular No. 96-003. “The totality of the facts and circumstances demonstrates that the accused, through manifest partiality, gross inexcusable negligence and/or evident bad faith, committed the offense of violation of Section 3(e) of RA No. 3019, causing undue injury to the government and giving unwarranted benefits to Bombeo and MFI,” the court said. The post Sandiganbayan convicts late Teves’ co-accused appeared first on Daily Tribune......»»
Sandiganbayan convicts 3 TLRC ex-officials, 2 others over P9.6M PDAF scam
The Sandiganbayan convicted three ex-officials of the now-defunct Technology and Livelihood Resource Center and two others over their involvement in the P9.6 million worth of ghost projects funneled through the pork barrel fund of the late Negros Oriental lawmaker Herminio Teves in 2007. The anti-graft court’s Third Division handed down a 68-page decision, which found ex-TLRC deputy director general Dennis Cunanan, ex-TLRC chief accountant Marivic Jover, ex-TLRC legislative liaison office officer-in-charge Belina Concepcion, Teves’ then-chief-staff Hiram Pulido and Molugan Foundation Inc. president Samuel Bombeo, guilty of one count each of graft and malversation. They were sentenced to up to 28 years in prison and perpetually disqualified from holding public office. They were also ordered to pay the P9.6 million, or the amount malversated with a legal interest of 6 percent per annum. TLRC’s erstwhile department manager Francisco Figura, meanwhile, was acquitted of the same charges. The Sandigabayan also dismissed the case against the principal accused Teves owing to his passing. Filed by the Ombudsman in 2017, the graft and malversation charge arose from the disbursement of Teves’ P9.6 million Priority Development Assistance Fund or PDAF to Molugan Foundation Inc., a non-governmental organization controlled by Bombeo. The Ombudsman said Teves “unilaterally chose” MFI as an implementor of his livelihood program drawn from his P10-million pork barrel that was originally intended for the depressed barangays and constituents in his district. However, state prosecutors probe later revealed that the pork barrel funds were instead used to fund projects that turned out to be a ghost. Of the total, P9.6 million went to the MFI while P400,000 went to TLRC as a service fee. The Ombudsman also found that the MFI did not have the capacity to implement the project as it was incorporated only in 2007, the year it was tasked to implement the PDAF project. Thus, the respondents were accused of causing undue injury to the government by giving unwarranted benefits and advantages to the MFI. In convicting the accused, the Sandiganbayan said, “There is no doubt that the acts of Concepcion, Cunanan, Jover, Pulido, and Bombeo caused undue injury to the government in the amount of P9,600,000.00, which to date, remains unaccounted for.” The court also ruled that their acts of extending unwarranted benefits to a private party “without the proper accreditation” and the “lack of legal basis” considering it was not one of the implementing agencies identified in the 2007 General Appropriations Act were in violation of COA Circular No. 96-003. “The totality of the facts and circumstances demonstrates that the said accused, through manifest partiality, gross inexcusable negligence and/or evident bad faith, committed the offense of violation of Section 3(e) of R.A. No. 3019, causing undue injury to the government and giving unwarranted benefits to Bombeo and MFI,” the court said. The post Sandiganbayan convicts 3 TLRC ex-officials, 2 others over P9.6M PDAF scam appeared first on Daily Tribune......»»
Rappler, Ressa acquitted of 5th tax evasion case
Rappler, Ressa acquitted of 5th tax evasion case.....»»
DFA: No appealing Ranara verdict
The 15-year prison term of the 17-year-old killer of rape-murder victim Jullebee Ranara has not resulted from an irregularity, the Department of Foreign Affairs said Saturday amid bereaved kin’s outcry that the penalty was too lenient. While the DFA gave its support to Ranara’s family, Undersecretary for Migrant Workers’ Affairs Eduardo de Vega told the Daily Tribune that “there was no whitewashing of the case.” “We told the family that this is the maximum allowed by Kuwaiti law. The accused was not acquitted. There was no whitewashing of the case. In the Philippines, minors are even exempt from criminal responsibility,” he said in a text message. “The prosecution cannot appeal a judgment of acquittal, or even in cases of a conviction, there can be no appeal by the prosecution to raise the penalty,” he said. The DFA, late Thursday, announced that Ranara’s killer was sentenced to 15 years imprisonment by a Kuwaiti juvenile court. On top of the murder conviction, the court also meted another one-year jail term for driving without a license. Ranara was found lifeless in January. She was raped, impregnated, burned, run over, and left for dead in the desert by her employer’s son. The post DFA: No appealing Ranara verdict appeared first on Daily Tribune......»»
Pasig court acquits Ressa, Rappler of final tax evasion case
Nobel laureate Maria Ressa and Rappler Holdings Corporation (RHC) have been acquitted, Sept. 12, of the remaining tax evasion charges filed against them by the previous administration. The post Pasig court acquits Ressa, Rappler of final tax evasion case appeared first on Bulatlat......»»
Rappler acquitted in final tax evasion case
News agency Rappler and Nobel Peace laureate Maria Ressa were acquitted yesterday in the fifth and final tax evasion case filed by the previous Duterte administration......»»
Ressa, Rappler acquitted of tax evasion
Nobel Laureate Maria Ressa and Rappler Holdings Corporation were acquitted by a Pasig court in a tax evasion case filed in connection with their supposed failure to declare tax in 2015. Atty. Francis Lim, counsel of Ressa, said his client and RHC were acquitted by the Pasig Regional Trial Court Branch 157 of violation of Section 255 of the National Internal Revenue Code (Tax Code) for the failure of the prosecution to prove their guilt beyond a reasonable doubt. All five tax evasion charges filed against the respondents have been junked by the Pasig RTC which was filed during the administration of former President Rodrigo Duterte. Ressa, 59 years old, shared the Nobel Peace Prize with Russian journalist Dmitry Muratov in 2021. She has been fighting multiple charges filed during the administration of former President Rodrigo Duterte. The journalist and Rappler had faced five government charges of tax evasion stemming from the 2015 sale of Philippine depositary receipts, which is a way for companies to raise money from foreign investors. In January, the Court of Tax Appeals First Division found Ressa and RHC not guilty on three counts of failure to supply the correct information and one count of tax evasion, amounting to P141 million worth of taxes, including surcharge and interest. The fifth charge was heard by a different court, which cleared her and Rappler of wrongdoing yesterday. However, Ressa and Rappler face an uncertain future as they battle another two court cases, despite the acquittals. Ressa and a former colleague Rey Santos Jr. are appealing a cyber libel conviction that carries a nearly seven-year jail sentence. The post Ressa, Rappler acquitted of tax evasion appeared first on Daily Tribune......»»
Ressa says Philippine press freedom improving, but still ‘work to do’
Buoyed by her latest acquittal, Philippine journalist Maria Ressa told AFP Tuesday that media freedom in the country has improved since former president Rodrigo Duterte left office, but there was still a "lot of work to do". Ressa, who was a vocal critic of Duterte and his deadly drug war, said the fear fostered by him had "largely lifted" since his successor Ferdinand Marcos took power in June 2022. "There's been a lot of problems in the Philippines because fear spreads. But it has improved," Ressa, 59, told AFP in an interview after she and Rappler, the online news outfit she co-founded in 2012, were cleared of tax evasion. "Is it perfect? Far from it. We still have a lot of work to do." Ressa and Rappler have been battling multiple court cases filed during Duterte's rule, which she and press freedom advocates have long maintained were politically motivated. This year, Ressa and Rappler have been acquitted of five tax evasion charges, including the one on Tuesday. They are still fighting two cases, including a cyber libel conviction that could put Ressa behind bars for nearly seven years, and another that could shut down Rappler. "We're not out of the woods yet," Ressa admitted, likening the years-long legal battle to a "war of attrition". - 'Absolutely exhausting' - Shortly after Tuesday's verdict was read out in court, a beaming Ressa returned to Rappler's newsroom where she was greeted by clapping and cheering colleagues. Ressa told AFP the latest acquittal was confirmation that "we weren't foolish to trust the justice system at a time when it was being used against us because we're journalists." While the legal process had taken nearly five years and been "absolutely exhausting", Ressa said she hoped this latest victory would remind the public that journalists were needed "to keep power accountable, and to help power make the right decisions." "Doing the right thing is the right thing," said Ressa, who is also a US citizen. "It's up to us to ... hold the line." Many Filipino journalists had feared for press freedom under Marcos, who largely shunned mainstream media on the 2022 campaign trail. His own dictator father had shut down independent media outlets during his brutal rule that ended in a bloodless revolution in 1986. Since taking office, however, Marcos has been more open to answering questions from reporters, though one-on-one interviews are still rare, and has publicly vowed to protect the rights of journalists. His words have not been enough to prevent the killings of three journalists since he took power. Ressa said the "fear that engulfed us" during Duterte's rule had largely gone since Marcos took power. She attributed that to his desire to "change that history" of his family and vindicate their "tarnished" name. The ordeal of the past few years "forced us to be our best selves" and she remained hopeful for the future. "The cases very slowly are going away as they should have from the very beginning," she said. pam/amj/ssy © Agence France-Presse The post Ressa says Philippine press freedom improving, but still ‘work to do’ appeared first on Daily Tribune......»»
Malaysian court upholds ex-leader Najib’s audit tampering acquittal
A Malaysian court upheld on Tuesday the acquittal of jailed former prime minister Najib Razak on an audit tampering charge in the investigation into corruption at the 1MDB state wealth fund. Najib is serving a 12-year prison term on other graft charges related to the 1 Malaysia Development Berhad financial scandal. The plundering of the fund led to investigations around the world, including in the United States, Switzerland and Singapore, into the use of their financial systems to launder money. But Malaysia's Court of Appeal struck out the appeal by state prosecutors against the acquittal of the audit tampering charge after prosecutors did not submit documents in time, Najib's lawyer Mohamed Shafee Abdullah told AFP. "In this case, the prosecution evidently found no grounds for appeal, resulting in no petition being filed," he said in a statement. Najib, the 70-year-old leader of Malaysia for nine years until 2018, was acquitted in March after a Kuala Lumpur High Court judge ruled prosecutors failed to provide sufficient evidence that he had tampered with an audit report on scandal-racked 1MDB. That charge focused on allegations that Najib ordered a report by the government's official audit body on the 1MDB sovereign wealth fund to be altered in February 2016. Najib's co-accused, former 1MDB chief Arul Kanda Kandasamy, was also acquitted. The former Malaysian premier's acquittal from the tampering charge does not affect his current jail sentence and he faces dozens more charges that could lengthen that term. Najib's wife Rosmah Mansor was found guilty of graft in 2022 and sentenced to 10 years in prison. She remains on bail pending an appeal. The post Malaysian court upholds ex-leader Najib’s audit tampering acquittal appeared first on Daily Tribune......»»
Philippine Nobel winner Maria Ressa acquitted of tax evasion — court
Philippine Nobel laureate Maria Ressa was acquitted Tuesday of her final tax evasion charge, in the latest legal victory for the veteran journalist as she battles to stay out of prison. Ressa smiled as the judge delivered the verdict in the years-long case, an AFP journalist inside the courtroom said. The 59-year-old, who shared the Nobel Peace Prize with Russian journalist Dmitry Muratov in 2021, has been fighting multiple charges filed during the administration of former president Rodrigo Duterte. Ressa, a vocal critic of Duterte and his deadly drug war, has long maintained that the cases against her and the news website Rappler, which she co-founded in 2012, were politically motivated. Ressa and Rappler had faced five government charges of tax evasion stemming from the 2015 sale of Philippine depositary receipts, which is a way for companies to raise money from foreign investors. A court acquitted them on four of the charges in January. The fifth charge was heard by a different court, which cleared her of wrongdoing on Tuesday. Despite the acquittals, Ressa and Rappler face an uncertain future as they battle another two court cases. The post Philippine Nobel winner Maria Ressa acquitted of tax evasion — court appeared first on Daily Tribune......»»
Kerwin Espinosa acquitted of illegal weapons possession
The Manila Regional Trial Court Branch 16 ruled that the “prosecution miserably failed to prove the guilt of Kerwin Espinosa beyond reasonable doubt that he was in effective control and possession over the firearms or weapons and ammunition neither was he in actual nor constructive possession of the same.”.....»»
Sandigan clears QC prosecutor of bribery raps
The Sandiganbayan has cleared former Quezon City Assistant Prosecutor Raul Desembrana of a direct bribery charge arising from his alleged demand of P80,000 in exchange for dismissing a complaint in 2014. In a 39-page decision, the anti-graft court’s Special Fourth Division acquitted Desembrana of bribery under Article 210 of the Revised Penal Code for the failure of the prosecution to prove his guilt beyond a reasonable doubt. The erstwhile prosecutor was accused of direct bribery for allegedly requesting P80,000 from Dr. Alexis Montes and his son Connor, with pending unjust vexation cases before his office filed by a retired military chaplain. According to the prosecution, Desembrana took advantage of his position for the unlawful demand of P80,000 from the Monteses and for receiving P4,000, placed on top of the “boodle money.” The prosecution alleged Desembrana of demanding P80,000 from Monteses’ lawyer, Ephraim Cortez of the National Union of People’s Attorneys, in exchange for withdrawing the case against his clients, which was assigned the Desembrana for preliminary investigation. Further, the prosecution added that Desembrana proposed an arrangement wherein he would issue a favorable draft resolution for the Monteses in return. In 2014, the National Bureau of Investigation set up an entrapment operation at a restaurant inside Quezon Memorial Circle, where they captured Desembrana after he took the P4,000 marked money from Cortez. In exonerating Desembrana, the Sandiganbayan, however, said the prosecution failed to present the P4,000 allegedly used during the entrapment operation as well as the “boodle money” and the white envelope. “The alleged acceptance of the P4,000 by accused Desembrana cannot be reasonably established without the presentation of the original marked money or the object evidence which was allegedly accepted by accused Desembrana,” it said. The Sandiganbayan also took note of Cortez’s testimony that he did not open the white envelope and relied only on the NBI agents’s statement that the mark and the boodle money were inside the envelope. “Hence, contrary to the allegations in the Information, the evidence presented by the prosecution failed to establish that accused Desembrana ‘actually received P4,000 which were placed on top of the “boodle money” from Atty. Ephraim B. Cortez,” it said. The post Sandigan clears QC prosecutor of bribery raps appeared first on Daily Tribune......»»
Former Bataan gov off the hook
The Sandiganbayan announced on Sunday that it has cleared former Bataan Governor Leonardo Roman of a P3.66-million graft charge stemming from the anomalous construction of a mini-theater at the Bataan State College in 2004. Citing the prosecution’s failure to prove his guilt beyond a reasonable doubt, the anti-graft court’s Second Division acquitted Roman of violating the Anti-Graft and Corrupt Practices Act or RA 3019 in a 41-page ruling. “As the prosecution, in this case, failed to prove beyond reasonable doubt all the elements of Section 3(e) of RA 3019 under which the accused was charged, accused Roman should be entitled to an acquittal,” said the Sandiganbayan. To recall, the case against Roman involved the alleged awarding of a P3.66-million mini-theater project of the Bataan State College in 2004 in favor of V.F. Construction despite no allocated budget or appropriation for the project. He was also accused of colluding with his co-accused executive assistant Romeo Mendiola, treasurer Pastor Vichauco, budget officer Aurora Tiambeng, and accountant Numeriano Medina by giving unwarranted benefits to V.F. Construction for the release of the sum. Filed before the Ombudsman, the case stemmed from a complaint-affidavit dated 1 September 2004 accusing Roman and his cohorts of the crime of malversation of public funds through falsification of public documents. Roman served as the governor of Bataan from 1986 to 2004. In 2006, the Ombudsman dismissed the complaint for lack of probable cause. The Supreme Court affirmed the Ombudsman’s decision to drop the criminal charge. The Ombudsman, however, filed the case before the Sandiganbayan in 2015 following the SC’s ruling to reverse the criminal charge of graft. Based on the prosecution’s probe, Roman entered a contract with V.F. Construction to construct a mini-theater and rendered his authorizations, approvals, and certifications for the P3.66-million payment. Investigation revealed that Roman certified the project as fully completed and issued the payment to the construction firm in two installments. However, more than five months after the final payment was made to the construction company, the CoA discovered that the mini-theater, contrary to Roman’s declaration, was incomplete. The structure, it said, was only 50.7 percent complete. In clearing Roman, the Sandiganbayan stressed that it was “not convinced” by the prosecution’s theory that the erstwhile governor’s execution of a contract and approval of the payment with the V.F. Construction despite the lapses was tantamount to graft. “The evidence on record is insufficient to prove beyond reasonable doubt that there was bad faith, manifest partially, or gross inexcusable negligence on the part of the accused when he committed the questioned acts,” the Sandiganbayan said. According to the Sandiganbayan, while Roman may have committed mistakes in the performance of his duty, the fact remains that the evidence is insufficient to prove a serious breach of duty that was committed flagrantly, palpably, and with willful indifference or blatant and extremely careless manner. The post Former Bataan gov off the hook appeared first on Daily Tribune......»»
Jury finds ‘baby serial killer’ guilty
A jury’s guilty verdict on a British nurse accused of murdering seven newborn babies at a hospital where she worked was released on Friday. The verdict reached by the jury on 8 August after 22 days of deliveration, but embargoed by a court order, also found Lucy Letby, 33, guilty of attempted murder of six other babies at the Countess of Chester Hospital in northwest England. Letby had been on trial since October last year, accused of either injecting her sick or premature young victims with air, overfeeding them with milk or poisoning them with insulin. Letby fought back tears in the dock after the initial verdicts were read out. She was not in court Friday to hear the jurors’ final determinations. They eventually acquitted her of two counts, and could not reach decisions on six others. Prosecutors have asked for 28 days to consider whether to seek a retrial on those charges. The victims’ families said in a joint statement read outside Manchester Crown Court in northern England said: “Justice has been served.” Letby will be sentenced on Monday and has reportedly told her lawyers she will not attend court to hear her fate but she faces the prospect of never being released from prison. The nurse was arrested following a string of deaths at the neonatal unit of the Countess of Chester Hospital between June 2015 and June 2016. The court was told that colleagues raised concerns after noticing that Letby was on shift when each of the babies collapsed, with some of the newborns attacked just as their parents left their cots. The prosecution said Letby “gaslighted” her colleagues into believing the string of deaths were “just a run of bad luck.” Letby’s final victims were two triplet boys, referred to in court as babies O and P. Child O died shortly after Letby returned from a holiday in Ibiza in June 2016, while child P died a day after their sibling. Letby was also said to have attacked another baby boy, child Q, shortly after but the jury was unable to reach a verdict on the charge. WITH AFP The post Jury finds ‘baby serial killer’ guilty appeared first on Daily Tribune......»»